Jack Smith asks Supreme Court to weigh Trump’s immunity argument

December 12, 2023

The Supreme Court said on Monday, December 11, that it would consider Special Counsel Jack Smith‘s request to rule quickly on whether presidential immunity protects former President Trump from prosecution in the federal 2020 election interference case, reports Axios.

It would be the first time that the high court would have weighed in on part of the legal proceedings involving the former president. Trump’s lawyers argue that he has presidential immunity from the charges.

“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the Monday filing.

Smith added that it “is of imperative public importance” for the Court to rule on Trump’s claims of immunity “and that respondent’s trial proceed as promptly as possible, if his claim of immunity is rejected.”

The Supreme Court agreed on Monday to expedite consideration of Smith’s request to consider whether Trump is immune, and gave Trump’s legal team until December 20 to file a response.

Trump’s legal team last week requested a stay on all court proceedings in the 2020 election case, which is currently scheduled to go to trial on March 4.

The former president’s request for a stay came after U.S. District Judge Tanya Chutkan, who is overseeing the case, rejected Trump’s arguments that he has immunity from the indictment.

A Trump spokesperson accused Smith in a statement of trying for “a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process.”

The spokesperson added, “As President Trump has said over and over again, this prosecution is completely politically motivated … President Trump will continue to fight for Justice and oppose these authoritarian tactics.”

Prosecutors in their filing cite the 1974 U.S. v. Nixon case, when the Supreme Court ruled that former President Richard Nixon was required to turn over tape recordings during the Watergate scandal, and that he was not protected by “executive privilege.”

The special counsel, in a rare move, is seeking to bypass the federal appeals court and urge the high court to rule quickly on Trump’s claims.

“Respondent’s appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024,” per the filing.

Research contact: @axios